Short version: a 90-day trial lets an employer dismiss a new employee during the first 90 days without the employee being able to raise a personal grievance for unjustified dismissal. Any employer can use one, whatever its size. But it's only valid if it's in a written employment agreement that the employee signs before they start work.
Who can use a trial period
Since 23 December 2023, every employer in New Zealand can use a trial period. Before then, the law limited them to small-to-medium-sized employers. The change came in the Employment Relations (Trial Periods) Amendment Act 2023, which took effect the day after royal assent on 22 December 2023.
Employment New Zealand says a trial period can be used when:
- it lasts no longer than 90 calendar days
- the employee hasn't worked for that employer before, and
- it starts at the very beginning of the job.
A trial can be shorter than 90 days. It can't be added partway through a job, or used for someone coming back to an old employer.
There are other limits. Immigration New Zealand doesn't allow trial periods for migrant workers on an Accredited Employer Work Visa. If your collective agreement says no trial periods, your individual terms can't add one.
What the employment agreement must say
The trial has to be agreed in writing, in good faith, as part of the employment agreement. The agreement must state:
- that you're on a trial period from the very start of your employment
- how long it lasts, up to 90 days
- that the employer can dismiss you during the trial, and
- that you can't raise a personal grievance (except in some cases) or bring other legal proceedings about that dismissal.
You must sign before your first day. If you start work, even for one day, before signing, the trial period isn't valid. The employer then has to follow the normal dismissal rules.
You should also get a reasonable chance to seek independent advice on the agreement before you sign it.
Your rights during the trial
A trial period doesn't make you a lesser employee. You must be paid, you have the same rights as an employee who isn't on a trial, and you must be treated the same. The only difference is the dismissal rules.
Dismissal and notice
If the employer decides you're not suitable, they can give you notice during the trial. When they do, they don't have to:
- follow a fair process
- have a good reason
- give you information and a chance to comment before deciding
- give you written reasons if you ask.
They still must:
- give you the notice in your employment agreement, or reasonable notice if it doesn't say, unless it's for serious misconduct
- not mislead or deceive you, and be responsive and communicative.
The notice has to be given during the trial. Your last day can fall after the 90 days end, as long as notice was given inside them. During the notice period you either keep working or are paid not to.
Counting 90 days from a start date? Trial periods are calendar days, weekends included. The working days calculator shows both calendar and working days between two dates.
If the trial goes well, nobody has to do anything. You keep working. Your employer can also end the trial early and confirm your job.
Personal grievance limits
In most cases, someone dismissed under a valid trial can't raise a personal grievance for unjustified dismissal, or for unjustified disadvantage linked to the dismissal. You can still raise one for any other reason, such as discrimination or harassment.
You can challenge the dismissal if:
- you didn't get the notice your agreement says, or reasonable notice
- you started work before signing the agreement
- you weren't given a reasonable chance to get advice before signing, or
- the agreement doesn't mention a trial period.
In those cases the Employment Relations Authority can decide the trial period was invalid. A personal grievance usually has to be raised within 90 days of the issue, or of you becoming aware of it.
Trial period vs probation period
| Trial period | Probationary period | |
|---|---|---|
| Length | Up to 90 calendar days | Any reasonable length |
| Who it can apply to | Only people who haven't worked for the employer before | New jobs, including with a current or past employer |
| Dismissal | No fair process or reason needed, notice still required | Fair assessment, warning and a chance to improve needed |
| Personal grievance for unjustified dismissal | Not available, with exceptions | Available |
On probation, the employer must assess you fairly, tell you what's not good enough, warn you that your job might end, and give you a chance to improve. A probationary period can't follow a trial period.
Changes in 2026
The Employment Relations Amendment Act 2025 came into force on 21 February 2026. Employment New Zealand's summary of the changes doesn't include trial periods. One change sits alongside them, though: employees earning $200,000 or more a year under new employment agreements can no longer raise a personal grievance for unjustified dismissal, unless both sides agree in writing to keep that protection. People on existing agreements have 12 months before it applies.
Starting a new job? Sick leave and annual leave have their own six- and twelve-month starting points, trial or not.
Common questions
Can any employer use a 90-day trial in NZ?
Yes. Since 23 December 2023, employers of every size can use one, as long as the employee hasn't worked for them before and signs the agreement before starting.
Do I get notice if I'm dismissed during a 90-day trial?
Yes. Your employer must give the notice in your employment agreement, or reasonable notice if it doesn't say, unless it's for serious misconduct.
Can I raise a personal grievance during a trial period?
Not for unjustified dismissal under a valid trial. You can if the trial wasn't valid, if you didn't get proper notice, or for other grievances like discrimination or harassment.
Is a 90-day trial the same as probation?
No. Probation can be any reasonable length, and the employer must follow a fair process before dismissing you. You can raise a personal grievance if they don't.
Sources: Employment New Zealand, Trial periods, Probationary periods, Personal grievances and Employment Relations Act changes take effect today; NZ Legislation, Employment Relations (Trial Periods) Amendment Act 2023. Checked October 2026. General information, not legal advice.
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